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Terms of service

TERMS AND CONDITIONS OF USE OF THE E-SHOP OF J.C. METAXAS GOLDSMITHS LIMITED

Introduction

The present document (together with any documents to which reference is made herein) provides the terms and conditions of use of the online pages and services of www.metaxasjewellery.com (the 'Website') upon which J.C. Metaxas Goldsmiths Limited (“we” or “us” or “our”) sells and supplies the goods (the 'Goods') listed on our Website to you. Before using the services of this Website and confirming your order you are requested to:

  1. Carefully read these terms and conditions.
  2. Read our privacy policy relating to your personal information. 

By ordering any of the Goods listed on our Website, you agree to be legally bound by these terms and conditions. 

Unless you accept these terms and conditions as may be amended or modified from time to time and posted on our Website, you will be unable to proceed with your purchase. We reserve the right to revise and amend the Website, the terms and conditions and our disclaimers at any time without notifying you. Your continued use of our Website (or any part thereof) following a change shall be deemed to constitute your acceptance of such change. You should check regularly to determine whether any changes have been made to these terms and conditions.

About J.C. Metaxas Goldsmiths Limited

This Website is owned and operated by J.C. Metaxas Goldsmiths Limited, registered in Cyprus under registration number HE 328850 having its registered office address at 60 Perikleous street, 2021 Strovolos, Cyprus.

Communications, Product Order and Consumer Protection

You acknowledge and agree that electronic communications, including, without limitation, emails can be used as a long-distance means of communication and that all contracts, notices, information and other communications that are provided to you electronically constitute written communications. You further acknowledge and agree that each order through the website www.metaxasjewellery.com constitutes a sale agreement concluded remotely in accordance to and governed by applicable laws.

You have the right to conclude a valid order through the online store provided you are not less than eighteen years old and capable to contract. Subject to the foregoing, you may also place an order on behalf of a legal entity of whom you are the legal representative/director.

Description of Goods and Availability

Goods displayed for sale, their characteristics, prices and stock are on our Website and are accessible to everyone. By clicking on an item appearing on our Website you may see additional information in relation thereto. We will inform you in a timely manner about the availability or unavailability of goods without however being liable in case of unavailability. 

All Goods displayed for sale on our Website are subject to their product description as well as to terms and conditions concerning, amongst others, estimated delivery dates and times, warranties, refunds and returns eligibility. 

We take all reasonable care to ensure that details, descriptions and prices of Goods appearing on our Website are correct at the time when the relevant information is uploaded on our Website. Although our aim is to keep our Website, as much as possible, up to date, product descriptions and other information appearing on our Website at a particular time may not always reflect the exact position at the moment you place your order. We will notify you of any material changes to this information. Unless we receive a notification in writing within 14 days from such notification, you shall be deemed to have accepted such changes. You are responsible to provide us with a valid e-mail address for such communications.

Materials, commentary and other information posted on our Website serve as a guide only and should by no means be taken as constituting advice on which reliance should be placed. We, therefore, disclaim, to the fullest extent permitted by applicable law, all liability and responsibility arising from any reliance placed by any visitor of our Website or by anyone who may be informed of any of its contents, on such materials, commentary and other information. 

Order Procedure

Step 1: You can order either by creating an account in our website or as a Guest. The benefits of creating an account is that you do not have to enter your personal information again for future purchases and you will be included in Customer list for future offers, gifts etc.

Step 2: Add the product you are interested to buy to your basket and press the confirm order button at the end of the checkout process. 

Step 3: Fill in the details required to complete your purchase, select the payment method and make a payment. It is your responsibility to confirm the accuracy of the details you provide during the order and payment process. No order will be accepted unless all details requested from you have been entered correctly.

Step 4: An email detailing the Goods you have ordered, the quantity, transport/delivery costs, where applicable, address for delivery of the Goods ordered, means of payment and estimated delivery time, will be sent to you. This is not an Order Confirmation. You should check that the details are correct. To complete the order, you will be asked to agree with the terms and conditions by clicking the button. We suggest that before you complete the order by clicking the button you make a last check of your order.

Step 5: Your order will be on hold until the amount is deposited and the bank has confirmed deposit. Following: (a) confirmation by the Bank that the amount of your order has been deposited; and (b) your order processed; and (c) Goods dispatched,  an email confirming that your order relating to the Goods specified in such email has been accepted, processed and dispatched (“Order Confirmation”), will be sent to you. You should remember that all products displayed on our Website are subject to availability and subject to our acceptance of your order. You should check that the details in the Order Confirmation are correct, save and/or keep a copy of it.


All Goods offered for sale on our Website are subject to availability and subject to our acceptance of your order. No order shall be deemed accepted by us unless and until it is confirmed unconditionally by us via email.

The Order Confirmation together with these terms and conditions, form the contract (“Contract”) for the purchase of Goods from the Website: www.metaxasjewellery.com]. The Contract is entered into between you J.C. Metaxas Goldsmiths Limited.

Payment Methods and Payment

Payment can be made by  Visa card or Mastercard or using PayPal.

By placing an order you agree to payment being charged to your debit/credit card account or electronic payment account as provided on the order form. When you pay for your order by card, certain checks are carried out which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. Such checks may include, inter alia, validation of your name, address and other personal information supplied by you during the order process against appropriate third party databases including, amongst others, the card issuer. Any personal information we may collect from you as part of the ordering and payment process will be dealt with in accordance with our Privacy Policy. By accepting these terms and conditions you confirm that all details you have provided us with for the purpose of purchasing the Goods are correct and that the payment card  or electronic payment account you are using is your own.

Payment will be taken out of your account before delivery of the Goods.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence or breach of statutory duty on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from a Website.

All payments will be taken in the currency the price is displayed on our Website.

Completion of the Contract 

Following dispatch of your order you will receive an Order Confirmation for your order via email. Unless you have been notified that your order is not accepted or you have cancelled the order, the completion of the Contract will take place on the dispatch to you of the Goods ordered. The Contract will relate only to the Goods stated in the Order Confirmation. Until you receive an Order Confirmation we will not be obliged to supply any Goods included in your order.

The Contract will apply to the exclusion of any other terms, including any terms and conditions which you may purport to apply under any purchase order, confirmation of order or other documents.

Nothing in these terms and conditions shall operate to negate or restrict any of your rights as a consumer under applicable law.

Refusal/Non-acceptance of order

Our right to refuse to accept and process any and all customer orders on any and all Goods, products and services and to suspend, discontinue, and refuse the use or acceptance of any and all offers, promotions, discounts, at our sole discretion, are fully reserved.

An order may not be accepted as a result of:

  1. The Goods ordered not being available; or
  2. Non-receipt of authorisation and/or confirmation of receipt for your payment; or
  3. Identification of a pricing or product description error; or 
  4. You not meeting the eligibility criteria set out in these terms and conditions.

Registration

It is not necessary to be a registered user in order to place an order, however we recommend that you register in our Website since the whole process will be much faster and easier in any future orders.

Fill in your [username/email] and password when registering on the Website. You are responsible for all actions taken under your chosen [username/email]  and password.

By registering on our Website and/or using our Website you declare and undertake, as appropriate:

  1. That all the details you have provided us with for the purpose of registering on our Website, ordering and purchasing the Goods are true, accurate, current and complete in all respects; and
  2. To immediately notify us of any changes to the information you have provided on registration or to your personal information; and
  3. That you are over 18. If under 18 you have a parent or guardian's permission to register with, order and purchase the Goods from our Website in conjunction with and under his/her/their supervision; and
  4. To only use our Website using your own [username/email]  and password; and
  5. To make every effort to keep your password safe; and
  6. Not to disclose your password to anyone;
  7. To change your password immediately upon discovering that it has been compromised;
  8. Not to permit, either directly or indirectly, anyone other than you to use your [username/email] or password.

You consent and authorise us to transmit your name, address and other personal information supplied by you (including updated information) to obtain information from third parties about you, including, but not limited to, credit reports.

We reserve the right to terminate an agreement and/or not process an order and/or suspend and/or terminate your access to our Website immediately and without notice to you if:


  1. You fail to make any payment to us when due; and/or
  2. You breach these terms and conditions (repeatedly or otherwise); and/or
  3. You are impersonating any other person or entity; and/or
  4. You fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity, when requested by us to provide such information; and/or
  5. We suspect you have engaged, or are about to engage, or have in any way been involved, in fraudulent or illegal activity on the Website.

Price

Prices for Goods displayed for sale, quoted on our Website are inclusive of sales taxes chargeable on the sale of Goods in Cyprus but are exclusive of delivery charges and/or charges and/or taxes and/or costs for sale of Goods to a country outside Cyprus. Delivery within Cyprus for orders confirmed through the Order Confirmation in excess of€50 will not be charged extra. The total price for Goods ordered through the Website will be displayed before confirmation by you of your order and payment.

We reserve the right, by giving notice to you at any time before we send the Order Confirmation to you, to change the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control. In the unlikely event that such a change occurs, you shall have the right to cancel the order at any time before delivery and get a refund.

All prices on our Website will be displayed in EURO (€).

Delivery

Delivery of Goods ordered is executed only within the areas controlled by the Republic of Cyprus. Delivery is executed by a courier company. Dates quoted for delivery of the goods are indicative and we cannot guarantee the delivery by the specified date. The place for delivery of the Goods will be the address indicated by you through your order which may be an address other than the billing address.

We can, at our sole discretion, accept orders from individuals located outside Cyprus and ship overseas subject to you paying for the additional shipping or postage costs. You will have an opportunity to cancel your order in case these costs are not acceptable.

If we agree to supply any Goods ordered from the Website for delivery to countries outside of Cyprus, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including applicable sales tax and the cost of delivery. It should be noted that we have no control over these charges and cannot estimate their amount. Before placing your order you should contact your local customs office or taxation authority for further information. Further cross-border shipments are subject to opening and inspection by customs authorities. Compliance with all applicable laws and regulations of the country for which the Goods are destined is your sole responsibility. We shall not in any way be liable for any breach by you of any such laws.

If no delivery dates are specified, orders will be delivered within 30 days of the original order date. Where earlier dates are specified, these are indicative and are not guaranteed. Time for delivery will not be of the essence of the Contract and we will not be liable for any loss or expenses sustained by you arising from any delay in the delivery of the Goods however caused.

On delivery you must inspect the Goods. If your signature is required on delivery, you should examine the Goods before signing.

Right of Withdrawal

You have the right to withdraw from any contract without giving any reason:

  1. at any time prior to receipt of the Order Confirmation;
  2. at any time after receiving the Order Confirmation prior to receipt of the Goods; or
  3. within fourteen (14) days from the date you or a third person designated by you, other than a courier, obtains physical possession of the Goods. If the Goods are delivered in instalments, the withdrawal period will be fourteen (14) days after you or a third person designated by you obtain physical possession of the last Good.

To exercise your right of withdrawal and, where applicable, return the Goods, you must notify us in writing through submission to us of a written statement clearly indicating your decision to withdraw (the “Notification of Withdrawal”). The Notification of Withdrawal must be sent via email to the address given at the end of these terms and conditions. You may use the standard Notification of Withdrawal form set out at the end of these terms and conditions or communicate exercise of your right to withdraw via email to the foregoing address. 

Following submission of the  Notification of Withdrawal, you should send the Goods back to us without undue delay and in any event not later than fourteen (14) days from the day on which you communicate the Notification of Withdrawal, in the original packaging with a copy of your invoice and Notice of Withdrawal. You will bear the direct cost of returning the Goods. Subject to the provision herein below, we will provide a full refund on the price paid for the Goods and the original delivery charge (except for any supplementary costs arising if you chose a more expensive type of delivery to our standard service) without undue delay and not later than:

  1. fourteen days after the day we receive the Goods back from you; or 
  2. if no Goods were supplied, fourteen days after the Notification of Withdrawal. 

Provided that we may make a deduction from the refund for any diminution in the value of the Goods resulting from their handling by you.

We shall carry out the refund you using the same means of payment as you have used for the initial transaction, unless you expressly agree otherwise.

Legal Warranty of Conformity and relevant Time Limits

Goods sold online are covered by the legal warranty of conformity. In case of  lack of conformity, you shall be entitled:

  1. to have the goods brought into conformity free of charge by repair or replacement, unless if repairing or replacing the Goods is impossible or disproportionate. Any repair or replacement shall be completed within a reasonable time and without any significant inconvenience to you, taking into account the nature of the goods and the purpose for which the goods were required; or
  2. to have an appropriate reduction made in the price or the contract rescinded with regard to those goods, You may require an appropriate reduction of

the price or have the contract rescinded:

  1. if you are entitled to neither repair nor replacement; or
  2. if we fail to repair or replace goods that lack conformity within a reasonable time; or 
  3. if we do not complete the repair or replacement without significant inconvenience to you. You shall not be entitled to have the contract rescinded if the lack of conformity is minor.

Our liability for lack of conformity applies where the lack of conformity becomes apparent within two years as from delivery of the Goods. In order to benefit from the above rights you must inform us of the lack of conformity within a period of two months from the date on which you detect such lack of conformity. Such lack of conformity shall be reported by you to us through a notice in writing sent via email at info@metaxasjewellery.com or through submission to the aforesaid email address of the form attached at the bottom of those terms and conditions. The form or notice, as applicable, shall contain an accurate and complete description of the defects or faults and photographs of the Goods to prove the lack of conformity. We will promptly reply to you by sending you another form to be completed and providing instructions for the return of the Goods. Any lack of conformity of the Goods which becomes apparent within six (6) calendar moths from delivery of the Goods shall be presumed to have existed at the time of delivery unless we prove that such presumption is incompatible with the nature of the Goods or the nature of the lack of conformity of the Goods.

You acknowledge and accept that any faults or damage caused by accidents, by fault on your part, by non- compliant use of the Goods with respect to its intended use or by fair wear and tear will not be covered by the warranty provided.

Refunds guide

All Goods which are returned by you to us must be returned with appropriate packaging and copy of the invoice. Since you are liable for damage to Goods due to insufficient packaging by you, the best option is to return them with the original packaging as supplied by us. The Goods must be in an unused condition (except only in the case of Goods which have been discovered upon use to be faulty) to ensure part or full refund in respect of such Goods. All returns need to be returned to 60 Perikleous street, CY-2021, Strovolos, Nicosia, Cyprus for a full refund to be possible. Please retain a certificate of posting as proof of your return.

Your parcel is your responsibility until it reaches us, so we recommend using the courier service that we have used when delivering the Goods to you. We cannot accept responsibility for parcels that get lost on the way to us.

In the case of Goods that lack conformity, please ensure there is a copy of the courier cost receipt returned with such Goods so that we can reimburse this amount.

Refunds will be made within fourteen days from receipt back from you of the Goods; or if no Goods were supplied, fourteen days after the Notification of Withdrawal. Once processed, a refund may take a few days to appear in your account. Once we refund you we will have no further liability to you.

In the event that we accept an order from you and for reasons beyond our control we are unable to supply the Goods ordered by you then you will be offered a similar Good of equal or higher value or if preferred a full repayment of the amount paid to us as full and final settlement of all and any claims you may have as against us for non-delivery.

Risk and Property

Risk of damage to or loss of the Goods will pass to you on delivery to you or a person nominated by you, other than a courier, of the Goods at the address depicted in your order and the Order Confirmation. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from us until we have received in cleared funds full payment of the price for the Goods and all other sums which are due, owing or payable by you to us in respect of the Contract or any other Contract between us and you.

Intellectual Property

The content of our Website is protected by copyright, trademarks, patent, database and other intellectual property rights and similar proprietary rights. Such rights include, without limitation, all rights in works, techniques, materials, data, trading business brand names, goodwill, service marks, models, the style or presentation of the goods or services, creations, inventions or improvements upon or additions thereto, and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of our Website shall remain with us.

You may copy or download the content displayed on our Website or any part thereof on condition that use thereof is allowed for personal non-commercial purposes only. Copying or storing, reproducing, transmitting, publishing, displaying, distributing, commercially exploiting or creating derivative works for any other use or purpose is expressly prohibited and no license is granted in any of the foregoing.

Force Majeure

Neither us, nor our directors, officers, employees or contractors will be liable in any way for loss, damage, costs or expenses arising directly or indirectly from any failure or delay in performing any obligation assumed under a Contract by reason of any event or circumstance beyond our control, including, without limitation, any strikes, industrial action, lack of supplies or equipment, government action or Act of God.

Personal Data

We will process your personal data for the purposes and in accordance with the procedures detailed in the Privacy Policy available on our Website.

Communications

To receive assistance, request information, make claims or file complaints, you can contact as at:

Telephone number +357 22455577] from [10:00 am to 6:00 pm from Monday to Friday.

Online Disputes Resolution

You are entitled to use the platform set up by the European Commission for the resolution of disputes relating to online sales contracts (“ODR Platform”). You and us may use the ODR Platform to resolve disputes relating to online purchases through the assistance of an impartial body. The ODR Platform can be accessed at the following link: http://ec.europa.eu/odr

Applicable Law and Competent Court 

These terms and conditions are governed by the laws of Cyprus. Any dispute arising between the parties in relation to the interpretation, performance or termination thereof and/or any Contract will be subject to the exclusive jurisdiction of the Cyprus courts.

Notice of Withdrawal

(complete and return this form only if you wish to withdraw from the contract)

To:J.C. METAXAS GOLDSMITHS LIMITED, 60 Perikleous str, 2021, Strovolos, Nicosia, at email address info@metaxasjewellery.com:

I/We (*) [insert name of consumer] hereby give notice that I/We (*) [insert name of consumer]  withdraw from my/our (*) order/contract of sale of the following goods [insert description of goods], ordered on (*)/received on (*), with serial number [insert order number]

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date



















(*) Delete as appropriate.

Notice of Lack of Conformity


(complete and return this form, together with photographs showing the defects, if you believe that the goods purchased from our website are defective)

To J.C. METAXAS GOLDSMITHS LIMITED, 60 Perikleous str, 2021, Strovolos, Nicosia, at email address info@metaxasjewellery.com:

I/We (*) [insert name of consumer] hereby give notice that the following goods [insert description of goods], ordered on (*)/received on (*), with serial number [insert order number], lack conformity. In particular [insert description of defect]

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date



















(*) Delete as appropriate.